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The Impact of VAT Law Amendments
January 20, 2023
Fortius Team
A financial officer holding a magnifying glass over the VAT portion on an invoice, UAE dirhams banknotes and coins are also seen.
The UAE Ministry of Finance announced on October 28 2022, the issuance of Federal Decree-Law No. 18 of 2022 (Amended Decree Law), which amends Federal Decree-Law No. 8 of 2017. (Decree-Law). On the same date, the Federal Tax Authority (FTA) published the amendments on its website. The amendments will go into effect on January 1, 2023. The key modifications include but are not limited to: An extension of the general statute of limitations The inclusion of time limits for the issuance of tax invoices and tax credit notes Modifications to the applicability of domestic reverse-charge provisions Amendments to existing terminology The introduction of new terminology An Overview of VAT and Its Amendments VAT is a consumption tax imposed on domestic purchases and imports of goods and services. This helps the government to raise funds. The value-added tax is computed by adding the prices of all intermediate goods and services used in production and deducting any applicable discounts and refunds. As one of the most prevalent forms of consumption tax in the world, VAT is imposed on the vast majority of purchased and sold goods and services. The United Arab Emirates implemented VAT on January 1, 2018. The Decree Law has never been amended before. Let's examine the amendment to the Decree Law in depth. Specifics of the UAE VAT Law Amendment Twenty-four articles were amended, and one article on the statute of limitations was added, representing significant changes to the UAE VAT Law. Several amendments are intended to provide clarification, while others indicate a change in tax status (s). Consider the modifications made to the Federal Decree Law: Also Read: UAE Corporate Taxes: Elements, Rate Calculation & Exemptions Type of Change Statutory Amendment Definitions Definitions under Article 1 of the Amended Decree Law The below terms have been legally defined for the first time: Relevant charitable activity Pure Hydrocarbons Tax evasion Tax audit Tax assessment Voluntary Disclosure Tax Procedures Law Goods/ Services Outside the Ambit of VAT A new provision has been included in Article 7 wherein it is stated that the Executive Regulations may define any other supplies (other than the supply of vouchers or transfer of a business) considered outside the scope of VAT. Goods Subject to Zero-Rate Article 45 (clauses 4, 5 and 6) of the Amended Decree Law now includes the "import" of the following supplies which may be zero-rated (subject to prescribed conditions): Means of transport for passengers and goods Aircraft or vessels designated for rescue and assistance by air or sea Crude oil and natural gas Health care services, and related goods and/or services Recovery of Input VAT Two new clauses have been added to Article 55 regarding the recovery of input VAT which specifies the requirements for the taxable person to recover VAT paid or declared on the import of goods or services. Article 55 of the Amended Decree Law now outlines the documents required to support the recovery of input tax (including pre-VAT registration input tax) on the importation of goods and/or services. Article 57 of the Amended Decree Law now clarifies that the input tax paid by government entities, incurred for the purposes of sovereign activities and input tax paid by charities incurred for the purposes of charitable activities should be eligible for recovery. Output VAT Adjustment The output VAT adjustment stipulated in Article 61(1) covers the scenario where the taxable person applies an incorrect tax treatment. In such cases,the taxable person should now issue a tax credit note to adjust the output tax. Timeline to Issue a Tax Credit Note Article 62(2) on the mechanism for output VAT adjustment now specifies a condition that the taxable person must issue a tax credit note within 14 days from the date on which any of the instances provided in Article 61(1) occurs. Payment of Tax Article 65(4) requires mandatory compliance for the taxable person to pay the VAT to the Federal Tax Authority (FTA) in the event such a person issues a tax invoice stating VAT on it or receives an amount as VAT. Timeline to Issue a Tax Invoice Article 67(1) specifies the date of issuance of tax invoice under Article 26 (date of continuous supply) to be 14 days from the date of the supply. Registration exception and deregistration Article 15 regarding the exception to register will apply to registered persons besides non-registered persons. This is applicable if their supplies are zero-rated, or if they no longer make supplies other than zero-rated ones. Article 21 of the Decree Law concerning deregistration has been amended to empower the FTA to deregister a taxpayer for reasons other than those mentioned in the Decree Law. The related "controls and conditions" are likely to be outlined in the amended Executive Regulations which are expected to be released soon. Date of Supply in Special Cases Article 26(1) determining the date of supply in special cases includes the date on which one year has passed from the date on which the goods or services are provided, as one of the events to determine the date of supply. Applicability of domestic reverse charge Clause 3 of Article 48 specifies that the domestic reverse charge will apply to Pure Hydrocarbons The term "hydrocarbons" under Article 48 of the Decree Law has been replaced with the term "Pure Hydrocarbons." Furthermore, the term "Pure Hydrocarbons" has been defined to mean "Any kind of different pure combinations of a chemical equation made only of hydrogen and carbon (CXHY)." As such, the domestic reverse charge provisions will apply to "Pure Hydrocarbons" that fall within the new definition as opposed to "Hydrocarbons" of any kind. Place of Supply in Special Cases Article 30(8) regarding the place of supply in special cases, now states that the place of supply of transport-related services will be the place where the transportation starts. Place of Residence of a Principal Article 33 defines the place of residence of a principal to be the place of residence of the agent. Under the current VAT Law, it was stated
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How Does VAT Registration Benefit Your Business?
December 20, 2022
Fortius Team
A person calculating taxes using a calculator
Registering for VAT is not a mandatory requirement under any law for many small businesses in the UAE. Yet, it has several benefits. In case you have not yet registered for VAT, you should seriously consider getting it done. It is a prudent choice to avail the VAT registration services of Fortius Consulting Services in the UAE because of the skilful insights and experience of its professionals. Also, the UAE is among the few and first members of the Gulf Cooperation Council to start indirect taxes on various services & products. So, the legislators of the UAE are definitely aiming toward creating seamless taxation methods across the country. By registering for VAT, you will be aiding in smooth and accurate tax collection by the government. The Concept of VAT and Its Implications The legal effect of registering for VAT is that your business becomes statutorily authorised to collect VAT on the goods you sell or the services you offer. So, if your services or goods come under the purview of taxable products, you must charge VAT on them from your clients or customers. The VAT collected should then be remitted to the UAE government. As a business registered under VAT, you will also have the opportunity to claim ITC (Input Tax Credit) on the purchases. The ITC claimed by you will later be adjusted against your liabilities. Your business will also have to comply with the existing tax norms and file the returns annually or quarterly, as the case may be. All VAT-registered companies must keep accurate and up-to-date accounting records, tax payment documents such as tax invoices, credit notes, debit notes, and records of all inward and outward supplies. Knowing VAT basics is an essential step in preparing for VAT, and registering for VAT is always the initial step in transitioning your company toward the VAT era. As a business registered for VAT, the government offers financial advantages, unlike unregistered UAE businesses. VAT Registration in the UAE– The Types There are several kinds of VAT registration services in Dubai. These are based on your total profits, revenue, and taxable income. Free VAT Registration Businesses with at least AED 187,500-375,000 in annual revenue are eligible for voluntary VAT services. If your business's turnover qualifies, you can obtain a consensual VAT registration and TRN number. Mandatory VAT Registration VAT registration is required for companies with annual sales over AED 375,000. To function properly in UAE, you'll need a Tax Registration Number. Once you obtain a TRN number, your company can charge VAT on your goods and services. UAE VAT Registration Benefits Not all companies must register for VAT. Businesses with a certain annual revenue must register for VAT. While you can consensually register for VAT, let's look at the perks. To be VAT-registered has some benefits for small businesses. Let us take a look at these benefits in greater detail. The company can get VAT refunds. If your business is VAT-registered with the FTA, you can claim the VAT back at the end of each fiscal year. Voluntary VAT registration allows businesses to obtain VAT refunds for the preceding six months. If you've been in business for six months but haven't reached the threshold, you can reclaim VAT if you keep invoices and records. The Company can go ahead with Input tax deductions Input VAT is paid on purchases, and output VAT is collected on sales. The business can deduct input VAT from output VAT, reducing its VAT liability. Only VAT-registered businesses can claim input tax. Otherwise, the overall VAT paid for purchases is a cost incurred by your company. The company can compete with industry leaders. Startup entrepreneurs want their businesses to expand and succeed. Often, the best way to build a steady, loyal clientele is to appear larger and more capable than the major players. Your startup will thrive with UAE VAT registration. New small companies that haven't registered for VAT will have a disadvantage. The company can expand. Most businesses, especially established ones, won't collaborate with a startup if it's not UAE VAT-registered. A business that can't properly invoice, loses customers. This is bad for small businesses. It's ideal to get VAT-registered, so clients know they're dealing with a reputable company. The company need not worry about hitting the VAT threshold. Many smaller companies surpass the VAT threshold without even being aware. Unregistered businesses can get in a significant amount of trouble once the FTA uncovers the truth. Voluntary VAT registration eliminates the risk of an FTA fine or penalty due to oversight. The Company gets tax IDs (TRN) The TRN provided after VAT registration gives customers and clients confidence in a small business. The TRN on every invoice portrays a successful business because most people understand VAT registration requires passing a threshold. Having a VAT number also gives your business credibility. This helps build your company's reputation and gives the company credibility. Also Read: UAE's Corporate Taxes: Key Highlights Explored & Explained The Process of Registration for VAT in the UAE In UAE, the FTA has opened an online VAT registration portal. While business owners must ascertain their VAT registration responsibility, they must also know how to apply and the amount of information needed to successfully complete the online registration procedure. Before trying to apply for online VAT registration, knowing the required details and steps will help you prepare in advance. As a result, the registration procedures can be finished quickly and without unnecessary delays or rejections due to incorrect information. Here’s all you need to know. E-Service account creation Logging into the e-service account VAT Registration Form e-Service Account: The online VAT registration form has eight sections where details must be provided for VAT registration. These sections are: About the applicant Applicant details Contact details Banking details Business relationships About VAT registration Declaration Submit after review Conclusion Some products and services are exempt from VAT. The indirect tax is straightforward and seeks to impose a limited load on consumers because it is collected in pieces
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How to Register And Amend Value-Added Tax Registration in the UAE
December 15, 2022
Fortius Team
A Man's hand pointing out Value Added Tax (VAT) text in a notepad
Value Added Tax in the UAE: What’s the Scenario? The UAE attracts investors from all over the world for many reasons, one of which is its attractive tax environment. While the UAE government does not levy personal and corporate income taxes, businesses and individuals are subject to other taxes, such as VAT. VAT is relatively new to the UAE business landscape, having been introduced only recently in 2018. Implemented at a flat rate of 5%, the purpose of this tax is to provide the government with additional revenue, which will be used to fund high-quality public services. Who Requires VAT? “Is VAT mandatory for my business?” This is a common question business owners in the UAE ask, especially if they are new to the market. VAT IS NOT MANDATORY FOR ALL BUSINESSES. While some products and services are VAT exempt, the tax is levied upon the consumption of goods across various business sectors. In the UAE, VAT registration is mandatory if your supplies and imports exceed AED 375,000. Under the tax law, businesses whose taxable imports and supplies exceed AED187,500 can voluntarily pay VAT. So, what are these “taxable imports and supplies?” According to UAE’s Federal Tax Authority (FTA), “taxable supplies” are categorised as “ goods or services made by UAE-based businesses that may be taxed at five or zero per cent. For this purpose, imports are also considered if the supply of these goods or services would be taxable if made within the UAE. In other words, a VAT-registered business in the UAE collects tax from its customers and pays it to the government. Furthermore, the government can reclaim the VAT when a VAT-registered company pays it to its suppliers. Now that we’ve explained the basics of VAT in the UAE let’s get to the core topic. VAT Registration & Amendment Processes: What to Do & How to Do It As with many other tax registration processes in the UAE, registering your business for VAT is fairly quick and straightforward. Take a look: Step 1 Create an account on the Federal Tax Authority website. Step 2 Visit eservices.tx.gov.ae and select “Sign Up.” Step 3 Provide your email address and password, and answer the security questions. Step 4 You will receive a confirmation email explaining the further steps. Step 5 Once your email is verified, you can complete your VAT registration by logging in to your e-service account. Also Read: Gearing Up For FTA VAT Audit: Why & How To Be Well-Prepared Amending VAT Registrations The VAT application may need to be amended after the firm has been registered. You can make these amendments online, but you must keep in mind that you must inform the FTA within 20 days of making any amendments. Failing to inform the administration of amendments in your tax record will attract the following penalties: AED 5,000 for first-time offenders. AED 15,000 for repeat offenders. Other VAT-related offences also attract penalties such as: AED 20,000 for delayed submission of VAT registration. AED 1,000 for not filing VAT returns for the first time. AED 2,000 for failing to file VAT returns within the next 24 months. AED 15,000 for not displaying prices without including tax. AED 10,000 for the first-time offence of not maintaining records. AED 50,000 for failure to maintain records subsequently. Procedure to Make Amendments to the VAT Registration Kindly note that some VAT-related amendments require prior approval from the FTA. For amendments that do not require approval, you can follow this procedure: Visit FTA’s VAT registration portal. Find your approved VAT registration application in the dashboard tab. Click on the “Edit” button to update the following details: Changes or additions regarding your business activities. Your organisation’s GCC activities. Updates or edits in the customs registration information. Click on “Submit” to make the changes. The amendments will automatically reflect in your profile. Procedure for Changes Which Require FTA Approval Inform the FTA in writing about the changes made to your VAT registration. You can amend the details only after the FTA approves them. Once you receive FTA’s approval, click on the “ Amendments” button to change the following information: Business details Business-related bank details Modification of VAT application Business relations details Updating the declarations Actual or estimated financial transactions Import and export details Authorised signatory Communication preferences 4. Cross-check all the information before clicking on the “Submit & Review” button. Some sections of the VAT application are prohibited from direct amendments. The restricted sections are: 'Exception from VAT registration' cannot be changed directly in the section 'About the VAT application'. ‘Notification language change’ cannot be changed in the Declaration section. The ‘Communication Preference’ section is also exempted from alterations. The VAT registration and amendments process are relatively easy. However, if you require guidance, you can always reach out to our VAT consultants at Fortius. You can also call the Federal Tax Authority at 600 599 994 or make a direct request on their official webpage. Be VAT Compliant With Fortius Guidance If your business falls within the VAT criteria, you must register for VAT and ensure compliance to avoid penalties. To make your VAT registration easier, invest in Fortius Consulting Services' VAT services in the UAE.
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Fortius Consulting Services is a trusted name for business consulting and CFO services in the UAE, Singapore and India. Through our expert consulting and advisory services,we assist organisations across the UAE & Asia to boost their profitability, improve operational effectiveness, increase management capability, institutionalise strategies, and upgrade their internal structures.
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